Title
AN ORDINANCE AMENDING SECTION 50-21, DIMENSIONAL STANDARDS.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 50-21 of the Duluth City Code, 1959, as amended, be amended as follows:
50-21 Dimensional Standards.
50-21.1 General dimensional standards.
A. Residential, mixed use, special purpose and overlay zones.
The dimensional standards for residential, mixed use, special purpose and overlay districts are shown in the description for each district in the following Sections of Article II:
• Standards for residential districts are shown in Section 50-14;
• Standards for mixed Use districts are shown in Section 50-15;
• Standards for special purpose districts are shown in Section 50-17; and
• Standards for overlay districts are shown in Section 50-18.
All dimensional standards shown in Article II are subject to the special dimensional standards in Section 50-21.2 and the exceptions and encroachments in Section 50-21.3 unless specifically noted;
B. Form districts.
The dimensional standards for form districts are integrated into descriptions of each form-based district in Article II and the building form standards in Section 50-22. The special dimensional standards in Section 50-21.2 and the exceptions and encroachments in Section 50-21.3 do not apply in the form districts unless specifically noted.
50-21.2 Special dimensional standards.
A. Lot without municipal sewer.
Lot areas for properties not provided with municipal sewer shall be at least two acres in size or the minimum lot area for the zone district, whichever is larger, and shall be subject to county ordinances and standards regulating individual sewage treatment systems. Lots with large wetlands or shallow bedrock may be required to be larger than two acres, and shall be determined on a case-by-case basis based on the area needed to fit a sewage treatment system on the site. Lots smaller than two acres may be allowed in areas zoned R-P based on soil and site conditions;
B. Front yards on double frontage lots.
On lots having double frontage and where the first and second frontages are on opposite lot lines, the required front yard shall be provided on the frontage that is the generally established frontage on the block, as determined by the building official;
C. Side yards.
1. Dwelling units above commercial uses.
In all residential and mixed use districts, where dwelling units are erected above commercial establishments, no residential side yard is required, except for any side yard required for the commercial building on the side of a lot adjoining a residential district. in form districts, no side yard is required even if the lot adjoins a residential district;
2. Attached and multi-family dwellings.
For the purpose of side yard regulations, a two-family dwelling, townhouse, or multi-family dwelling shall be considered as one building occupying one lot;
3. Driveways.
Where no garage facilities are provided and the alley is not developed for access at the time the dwelling is constructed in an R-1 or R-2 district, there shall be provided one side yard of a minimum of nine feet for a driveway and the other side yard shall have a minimum width of five feet;
D. Rear yards.
An accessory structure cannot exceed 20 feet in height, and may not occupy more than 30 percent of the rear yard area. All accessory structures on a lot may not occupy more than 60 percent of the rear yard area;
E. Street improvements in Public Right of Way.
Except as provided in Section 50-37.1.L, for development or redevelopment proposed on lots without a principle structure:
1. The street shall be improved to the most current standards on file in the office of the city engineer and shall be designed for the road classification within the zone in which the property is located;
2. The street shall be improved across the entire frontage of the lot proposed to be developed and all other contiguous property owned by the owner of the subject lot;
3. Any street improvement that results in a dead-end street that is greater than 150 feet in length shall require construction of a turn-around for emergency and maintenance vehicles approved by the city fire marshal.
For lots developed with an existing legal principle structure, the street improvement requirements need not be met when the landowner proposes an expansion of the existing legally constructed structure or a replacement principle structure, if the landowner provides evidence of a perpetual easement to access the property from an improved street of a distance not greater than 150 feet, and such access shall be improved to meet Fire Code standards;
F. Common Open Space
1. All structures intended to be owned and occupied by an individual unit owner of a Common Interest Community shall be constructed within the space allocated in the governing documents for that specific unit owner, except as allowed in section 2 below;
2. A Home Owner Association or other applicable governing body of the community may grant building easements, with city approval as provided for in this sub-paragraph below, to allow encroachments of structures into the common open space as platted in the Common Interest Community Plat. In such instances, the building easement shall be considered part of the adjacent building parcel or unit. Before constructing any such encroaching structure, the owner of said adjacent building parcel or unit shall file with the Planning Department a copy of a recorded easement and survey depicting same by the private landowner are required to verify the circumstances in each instance. The Land Use Supervisor may grant city approval for the proposed building easement(s) if they do not impact more than 10% of the common open space of the community; the Planning Commission may grant city approval for impacts more than 10%. In no event can more than 30% of the common open space of the community be impacted. The Land Use Supervisor or Planning Commission may require the CIC to be re-plated to reflect the change in the reduced common open space.
Section 2. That this ordinance shall take effect 30 days after its passage and publication. (Effective date: ________, 2018)
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance implements a minor text amendment to Chapter 50 of the City Code, known as the Unified Development Chapter (UDC).
The planning commission held a public hearing and considered the change at an August 14, 2018, regular planning commission meeting and at an August 28, 2018, special planning commission meeting. The planning commission voted 8-0 to recommend that the city council approve this ordinance change.
This amendment is intended to provide flexibility for residents and associations in a common interest community, in the event the association or government body of the development wishes to allow members of the community to build structures, such as three season porches, in the open space set aside for the community members as a whole.